The U.S. Court of Appeals for the Ninth Circuit upheld on February 26, 2010 the exercise of quasi in rem jurisdiction over a domain name in the district in which the domain name registry was located for purposes of executing a judgment against the owner of the domain name.

XXI. ANTICYBERSQUATTING CONSUMER PROTECTION ACT A. CASE LAW 1. U.S. Courts of Appeal a. Office Depot, Inc. v. Zuccarini 596 F.3d 696 The U.S. Court of Appeals for the Ninth Circuit upheld on February 26, 2010 the exercise of quasi in rem jurisdiction over a domain name in the district in which the domain name registry was located for purposes of executing a judgment against the owner of the domain name. XXII. ANTITRUST A. CASE LAW 1. U.S. Supreme Court a. Sony Music Entertainment v. Starr 81 BNA’s PTCJ 315 The U.S. Supreme Court on January 10, 2011 lets stand a Second Circuit decision allowing antitrust allegations to proceed against four of the nation’s major music labels. Consequently, the music labels’ internet pricing collusion case will go forward. XXIII. ELECTRONIC DISCOVERY A. CASE LAW 1. U.S. District Courts a. Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC. 685 F.Supp. 456 The U.S. District Court for the Southern District of New York on January 15, 2010 addressed the issue of a party’s obligations with respect to document preservation and collection. The court held that a party who fails to institute a written litigation hold as soon as litigation is reasonably anticipated, or who fails to identify and preserve records of “key players” in the controversy underlying the litigation, is to be deemed grossly negligent and exposes itself to serious sanctions, including monetary sanctions and adverse jury inference instructions to presume that the lost evidence was relevant, and that its destruction was prejudicial to the requesting party.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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